Custom

Question 1

Custom: Relevant Similar Activities to Affirm an Industry Custom

Answer 1

1. Actors who effect level of risk possess similar knowledge of world that they act within.
2. Actors must have capacity to act effectively on their knowledge
3. Must share similar attitudes towards the relevant risk

Question 2

Trimarco (’82): When the court decides what’s reasonably prudent, not just what’s custom

Answer 2

Court sets precedent that just because installing certain shower doors may be a custom doesn’t mean it should be done if its not reasonably prudent.

Question 3

The T.J. Hooper (’32): Court says: I don’t give a damn that its not custom!

Answer 3

Court rules that because reasonable prudence would be equipping the tugboats with weather devices, even if not custom, failure to equip them resulted directly to injuries and thus liable

Question 4

Helling (’74): When the custom isn’t reasonable, the court creates one.

Answer 4

Even though it was not custom to give under 40 patient the glaucoma test, the court states; “There are precautions so imperative that even their universal disregard will not excuse their omission.”